Switzerland

Summary

Switzerland is neither an EU nor EEA member and diverges from its EU neighbours in three critical respects. First, Switzerland has NO sui generis database right — only compilation copyright (originality required); exhaustive factual databases are unprotected. Second, the revised Federal Act on Data Protection (nFADP/revDSG, in force 1 September 2023) governs personal-data processing; it is GDPR-inspired but distinct, with a CHF 250,000 fine ceiling on individuals. Third, Switzerland has NO DSM-style TDM exception — the Swiss Copyright Act (URG) provides only narrow enumerated exceptions; no general or commercial TDM carve-out exists and the EU AI Act does not apply. Computer-access crimes are governed by Swiss Criminal Code art. 143bis, which requires that the target system be "specially secured" — publicly accessible pages are outside its scope. The Swiss Unfair Competition Act (UWG/LCD) may restrict mass automated extraction that systematically parasitises a competitor's investment. The Federal Council decided in February 2025 not to adopt a Swiss AI Act; sector-specific adjustments and the Council of Europe AI Convention are the planned path.